IMPACT – HIGH

Canadian Visa Application Centres in some parts of the world have begun resuming services, even as COVID-19 travel restrictions remain in place.

Key Points:

  • More than three dozen VACs have reopened, including VACs in Melbourne and Sydney, Australia; Paris, France; Berlin, Germany; Rome, Italy; Madrid, Spain; Abu Dhabi and Dubai, United Arab Emirates; and a number of locations in China, including Beijing and Shanghai. Up-to-date information on which VACs are open is available here.
  • Services remain limited, even at VACs that have reopened. Applicants are encouraged to visit the relevant VAC’s website to determine which services are available before traveling to a VAC.
  • New safety measures have been put in place at VACs that have reopened. Such measures may include limiting the number of people allowed inside VACs, checking temperature of applicants and staff and use of hand sanitizer, gloves, face masks and face shields.
  • VACs that remain closed will contact applicants, if necessary, to reschedule appointments that have been canceled.

Additional information: While some services have resumed at VACs, applicants should note that COVID-19 travel restrictions remain in place. Currently, most foreign nationals are not allowed to travel to Canada, even if they hold a valid visitor visa or electronic travel authorization (eTA). Only those who fall under an exemption or are coming for an essential purpose are permitted entry. All travelers must quarantine for 14 days upon arrival.

Analysis & Comments: Although travel restrictions remain in place, some VACs are now offering services, such as biometrics collection, that will help expedite the travel process once restrictions are lifted. Applicants are encouraged to check this website and the website of the VAC they intend to visit to determine which services are available at this time. Canada’s response to COVID-19 continues to develop, and more information will be provided as it becomes available.

This alert was prepared by de Lint LLP, an independent immigration law firm, allied with Deloitte LLP in Canada.

IMPACT – HIGH

The Canadian government has issued instructions regarding the processing of Temporary Resident Visas and Electronic Travel Authorizations.

Key Points:

Temporary Resident Visas (TRVs):

  • Applicants may continue to apply online only.
  • Applications will only be processed if the applicant is traveling for a non-discretionary/non-optional purpose and meets one of the exemption criteria.
  • Applications submitted prior to travel restrictions must be updated to confirm that the conditions are met in order for processing to continue.

Electronic Travel Authorizations (eTAs):

  • Applicants may continue to submit eTA applications online.
  • Any applications requiring manual officer review will be paused unless the applicants provide proof that they are traveling for a non-discretionary/non-optional purpose and they meet one of the exemption criteria.
  • Instructions on how to provide the documentary proof can be found here.

Analysis & Comments: The response to the COVID-19 pandemic continues to develop, and more information will be provided as it becomes available.

This alert was prepared by de Lint LLP, an independent immigration law firm, allied with Deloitte LLP in Canada.

IMPACT – HIGH

The Canadian government has implemented several compliance-related changes affecting temporary foreign workers and their employers.

New Employer Conditions:

  • Employers must not do anything to prevent their employees from complying with requirements under the Emergencies Act or the Quarantine Act or provincial laws regulating public health.
  • Employers are required to pay the wages of foreign workers during self-isolation or quarantine, as set out in the offer of employment.
  • Employers under the International Mobility Program are not required to provide accommodations or incur additional costs related to COVID-19, other than paying the wages throughout self-isolation or quarantine periods once their foreign employees have entered Canada, even if they are unable to work during that time. Some employers under the Temporary Foreign Worker program (e.g. Agricultural Stream) are required to provide housing and pay for transportation, health insurance, etc., in addition to paying wages during self-isolation and quarantine.
  • Foreign workers are entitled to the provisions of sick leave or other appropriate leave if they fall ill and a subsequent period of isolation is required.

Employer Inspections:

  • Inspections may be triggered if there is a notification of the spread of a communicable disease at the workplace of a foreign worker or an employer employs a foreign worker who is or was subject to an order made under the Emergency Act or Quarantine Act.
  • Employers can be selected for inspection any time within six years of work permit issuance. Documents related to compliance, e.g., proof of payment of wages during self-isolation after entry to Canada or compliance with sick leave provisions, must be retained for six years.
  • IRCC is conducting desk inspections to collect information from employers to assess compliance with new COVID-19 conditions (self-isolation for 14 days after entry to Canada, etc.).

Analysis & Comments: The response to the COVID-19 pandemic continues to develop, and more information will be provided as it becomes available.

This alert was prepared by de Lint LLP, an independent immigration law firm, allied with Deloitte LLP in Canada.

IMPACT – HIGH

The Canada Border Services Agency has announced that as of June 8 at 23:59 pm EDT, foreign nationals who are immediate family members of Canadian citizens will be allowed to enter Canada if entering the country to be with an immediate family member for at least 15 days.

To be eligible for entry, they must:

  • Be an immediate family member (spouse or common-law partner, dependent child, parent or step-parent, guardian or tutor).
  • Wish to enter Canada for at least 15 days.
  • Not exhibit any signs or symptoms of COVID-19.
  • Have a viable quarantine plan covering 14 days post-entry, where they will not have contact with vulnerable people.

Additional information: This exemption does not apply to immediate family members of temporary residents of Canada (e.g., foreign workers or student visa holders). Click here for more information.

This alert was prepared by de Lint LLP, an independent immigration law firm, allied with Deloitte LLP in Canada.

IMPACT – HIGH

The Canadian government has announced revisions to the requirement for biometrics testing abroad for temporary foreign workers in certain sectors.

Key Points:

  • Temporary Foreign Workers are exempted from the requirement to have their biometrics collected prior to arrival in Canada, if:
    • The National Occupation Classification (NOC) for their work permit is in the agricultural and agri-food sectors, health care sector or truck drivers, and the biometrics collection site closest to them is closed.
  •  Once these essential workers arrive in Canada, they may be asked to provide their biometrics at the Port of Entry. Please note that the 14-day quarantine period is required and their health and quarantine plan will be assessed at the Port of Entry.

Additional information: For all others not covered by this public policy amendment, the deadline to provide biometrics indicated in the biometric instruction letter (BIL) is automatically extended if the visa application centre (VAC) or biometrics collection site in their country or region is still closed. Click here for more information.

Analysis & Comments: The response to the COVID-19 pandemic continues to develop, and more information will be provided as it becomes available.

This alert was prepared by de Lint LLP, an independent immigration law firm, allied with Deloitte LLP in Canada.

IMPACT – HIGH

The Canadian government has implemented expedited processing of work permit applications for temporary foreign workers in Canada who have lost their jobs but found alternative employment.

Key Points:

  • The temporary policy will significantly reduce the time it take for temporary foreign workers to start new jobs.
  • Under the policy, workers already in Canada who have received a new job offer can get approval to start working while their work permit application is processing. They will also be exempt from the requirement to provide biometrics if the Service Canada location where the applicant lives is temporarily closed. This will reduce what can be a 10-week process to 10 days or less.

Analysis & Comments: It is hoped that the temporary policy will help employers in the critical goods and services sectors such as agriculture, food and health care, who urgently need additional employees.

This alert was prepared by de Lint LLP, an independent immigration law firm, allied with Deloitte LLP in Canada.

IMPACT – HIGH

The Canadian government has extended the Prohibition of Entry into Canada from the United States from April 22 to May 21.

Key Points:

  • Foreign nationals are prohibited from entering Canada from the United States if they:
    • Have COVID-19, exhibit signs or symptoms of having the virus or there are reasonable grounds to suspect they have symptoms.
    • Seek to enter for an optional or discretionary purpose, such as tourism, recreation or entertainment.
    • Are unable to meet quarantine requirements.
  • Individuals entering Canada from the United States for the purpose of making a refugee claim are permitted to do so under certain conditions.
  • Foreign nationals who are Canadian permanent residents, protected persons or whose purpose is to provide essential services, may enter Canada provided they meet all related requirements, including having a credible self-isolation plan covering 14 days post-entry.

Background: Last week, the United States, Canada and Mexico agreed to extend border restrictions currently in place between the three countries.

Analysis & Comments: The response to the COVID-19 pandemic continues to develop, and Deloitte will provide additional updates as information becomes available.

This alert was prepared by de Lint LLP, an independent immigration law firm, allied with Deloitte LLP in Canada.

IMPACT – HIGH

The Canadian government has introduced additional travel restrictions in response to the COVID-19 pandemic.

Travel to Canada is restricted except for the following:

  • Canadian citizens and permanent residents.
  • Persons registered under Canada’s Indian Act.
  • Protected persons.
  • United States citizens and foreign nationals traveling from the U.S. for an essential reason who have been in the U.S. or Canada for at least 14 days before entering Canada (unless exempt).
  • Certain foreign nationals (see the full list here).
  • Temporary foreign workers who hold a valid work permit or written work permit approval (issued at any time).
  • Certain international students:
    • Holders of a valid study permit.
    • Holders of a written study permit approval issued before noon EST on March 18, 2020.
  • Permanent residents whose application for permanent residence was approved before noon EST on March 18, 2020.
  • Immediate family members of a Canadian citizen or Canadian permanent resident.
  • Immediate family members with written authorization from the Government of Canada to reunite with a non-Canadian citizen or permanent resident living in Canada.

Additional information: All those traveling by air must pass a health check conducted by the airlines before being permitted to board. Travelers with COVID-19 symptoms will not be allowed to fly, regardless of citizenship.

With few exceptions, all persons must undergo a mandatory self-isolation period of 14 days on arrival and must have a credible isolation plan (i.e., how they will get to their residence/accommodation from the airport without using public transport, as well as how they will obtain groceries), regardless of whether or not they have COVID-19 symptoms. This does not apply to non-symptomatic travelers who are transiting through Canada to their final destination, or to those delivering essential services. As of April 15, service hours at low-traffic border crossings are reduced.

The government has also issued guidance on travel to Canada to provide essential services, implemented temporary processing changes for visa and work permit applications and updated its policy to clarify the eligibility of family members accompanying temporary residents to Canada.

Analysis & Comments: Travelers are advised to seek advice before traveling to Canada.

This alert was prepared by de Lint LLP, an independent immigration law firm, allied with Deloitte LLP in Canada.

IMPACT – HIGH

The Government of Canada has updated its policy to clarify the eligibility of family members accompanying temporary residents (i.e., work permit holders, study permit holders, etc.) to Canada.

Key Points:

  • Accompanying family members will require the following:
    • Written authorization from Immigration, Refugees and Citizenship Canada confirming their exemption to the travel restrictions.
    • Valid visa or eTA.
    • Valid passport.
  • Clear indication of health with no visible COVID-19 symptoms.
  • Principal applicants must travel to Canada first before accompanying family members can be eligible to travel.

Additional information: With few exceptions, all persons must undergo a mandatory self-isolation period of 14 days and must have a credible isolation plan (i.e., how they will get to their residence from the airport without using public transport, as well as how they will obtain groceries) on arrival in Canada, regardless of whether or not they have COVID-19 symptoms.

This alert was prepared by de Lint LLP, an independent immigration law firm, allied with Deloitte LLP in Canada.

IMPACT – HIGH

The government has implemented temporary processing changes for visa and work permit applications in order to focus on critical services.

Key Points:

  • Those applying for a work permit from outside Canada must do so online.
  • If the work permit is approved, temporary foreign workers must have the following before traveling to Canada:
    • Work permit approval letter.
    • Confirmation that the job is still valid and the employer is still operating and not subject to the mandatory closure of non-essential businesses.
    • Self-isolation plan, which must cover the mandatory self-isolation period of 14 days and must be a credible (i.e., how they will get to their residence/accommodation from the airport without using public transport, as well as how they will obtain groceries).
  • Those applying for a study permit from outside Canada must do so online.
  • IRCC will continue to process study permit applications to the extent possible.
  • IRCC has suspended processing of non-essential visitor visa applications (including transit visas) and some electronic travel authorization applications.

Analysis & Comments: Employers are advised to continue to apply for work permits for key foreign workers, and support permanent residence applications. Applications for temporary work permits for those providing essential services may be prioritized, and applying now will enable employers to have key foreign nationals in place when business fully resumes.

This alert was prepared by de Lint LLP, an independent immigration law firm, allied with Deloitte LLP in Canada.